Mst. KHUDIJA BEGUM vs THE STATE AND OTHERS — 1961 PLD 45

Citation: 1961 PLD 45

Court: Baghdad-ul-Jadid

Year: 1969

Decision Date: 1969-07-01

Parties: Mst. KHUDIJA BEGUM vs THE STATE AND OTHERS

Headnotes

Case cited as PLD 1961 Lah. 45

Judgment Text

Court Name: Baghdad-ul-Jadid Judge(s): Muhammad Afzal Zullah Title: Mst. KHUDIJA BEGUM vs THE STATE AND OTHERS Case No.: Criminal Revision No, 38 of 1969/BWP Date of Judgment:1969-07-01 Reported As: PLD 1971 Baghdad-ul-Jadid 19 Result: Petition allowed JUDGMENT JUDGMENT This is a revision petition under section 439, Cr. P. C., against the order, dated 15th February 196 ), of Additional Dis rict Magistrate, Bahawalnagar, whereby he, after reconstructing the record of depositions of ten prosecution witnesses lost during commitment proceedings, proceeded to use that record as evidence before him. The petitioner has also invoked the power of this Court under section 561-A, Cr. P. C. 2. The material circumstances leading up to this petition are that Mr. Akhtar Ali Jafri, Additional District Magistrate, .Bahawalnagar, was seized of a murder case at commitment stage, against several accused persons who are represented as respondents in this petition. Four P. Ws. i,e,, P. W. 3 to P. W. 6 were examined by him on 11th July 1968. Two P. Ws., i. e. P. W. 1 and P. W. 2 appear to have been examined by his predecessor. He examined threemore witnesses, i,e,, P. Ws. 7 to 9 on 13th August 1968. On 9th September 1968, P. Ws. 10 and 11 were examined. P. W. 11 is the doctor. Thereafter, on 26th September 1968, two more witnesses, i,e,, P. W. 12 and P. W. 13 were examined while P. W. 14 and P. W. 15 were examined on 7th October 1968. On 17th October 1938, no witness was present; therefore, the…

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